March, 2016

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“Here’s Why You Should Hire Me.”

The Paralegal Society

It was on this day, March 5, 2016, that I awoke and came to the sudden realization that I have apparently become the self-proclaimed Jackass Whisperer for the legal profession. Then I hit the “publish” button. And smiled. "Don't call it a come back, I've been here for years.".

Legal 100
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5 Things Broadcasters Should Know About SoundExchange Music Royalties

Broadcast Law Blog

The recent Copyright Royalty Board decision (see my summary here ) setting the rates to be paid by Internet radio operators to SoundExchange for the rights to publicly perform sound recordings (a particular recording of a song as performed by an artist or band) still raises many questions. Today, Jacobs Media Strategies published on their blog an article I wrote on the topic – discussing 5 things that broadcasters should know about music royalties.

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Another RGGI Raid? New York State Senate Proposes Pulling $138 million from the RGGI Fund

ClimateChange-ClimateLaw

Jessica Wentz. Associate Director and Fellow. On March 14, the New York State Senate released a FY 2017 budget proposal that would divert $138 million from the Regional Greenhouse Gas Initiative (RGGI) auction proceeds to the state budget, including $23 million to the general fund, $100 million to subsidize the operations of certain nuclear power plants that are no longer financially viable, and $15 million for a workforce development program.

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What Does A Paralegal Do At Trial: Six Things Your War Room Must Have

DigitalParalegalServices

What Does A Paralegal Do At Trial: Six Things Your War Room Must Have. By: Christina Roberts, CP. Going to trial can sometimes seem as if you are going to war. You suit up – putting on your finest armor and best effort, yet sometimes you still hit brick walls all day long during a trial. Having a well-organized place to concentrate and collaborate during trial can calm the trial tension.

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Transforming eDiscovery: Document Summarization, Sentiment Analysis, And Chatbots Take Center Stage

A Synergistic Approach to eDiscovery In the space of eDiscovery, the convergence of document summarization, sentiment analysis, and chatbots represents a significant change in how legal professionals navigate and manage electronic information. These technologies not only expedite the review process but also empower legal teams with deeper insights into the emotional context and key information within electronic documents.

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Naming storms. Why it gives me the fricking squits.

LawActually

I wrote this post nearly a month ago in mid February 2016. I’ve read it a couple of times since then as I’ve pondered whether or not to publish it. Am I being too harsh, I wondered, or getting my knickers in a twist over something trivial. In the end, I’ve decided, no – I need to say this stuff. Someone needs to. But I have toned the original language down considerably.

More Trending

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It’s March Madness! Know the NCAA’s Rulebook or Risk A Foul Call Against the Unauthorized Use of Its Trademarks

Broadcast Law Blog

Two months ago, I wrote here about the risks of publishing ads or engaging in promotional activities that refer to the Super Bowl ” without approval of the NFL. Now, with the NCAA Basketball Tournament about to begin, broadcasters, publishers and other businesses need to be multiply wary about potential claims arising from their use terms and logos associated with the tournament, including March Madness , ® The Big Dance , ® Final Four ® or Elite Eight , ® each of which is a federally registered

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FCC Fines Public Broadcaster $10,000 for Missing Quarterly Issues Programs Lists – No Leniency Without Showing of Financial Hardship

Broadcast Law Blog

The FCC yesterday released an order fining a public broadcaster $10,000 for failing to prepare and place in its public file 13 consecutive quarterly issues programs lists. The licensee had pleaded that the radio station fine should be reduced given that the public file failure began when it acquired the station from a local college that was about to shut the station down as it was not financially viable for the college.

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Updated Political Broadcasting Guide – Questions and Answers about Broadcasters’ Obligations During this Election Season

Broadcast Law Blog

To help broadcasters sort out the confusing rules about political advertising , we have updated our Political Broadcasting Guide for Broadcasters (note that the URL for the updated version has not changed from prior versions, so your bookmarks should continue to work). The revised guide is much the same as the one that we published two years ago, formatted as Questions and Answers to cover many of the issues that come up for broadcasters in a political season.

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Does the FCC Use the Online Public File to Spot Rule Violations? $20,000 Fine to TV Station for Late-Filed Children’s Television Reports Suggests it Does

Broadcast Law Blog

In a Notice of Apparent Liability released yesterday , the FCC proposed to fine a TV station $20,000 for being late in the filing of 4 years of Quarterly Children’s Television Programming Reports (FCC Form 398). While the penalty is consistent with the size of penalties that the FCC has been imposing for similar violations in recent years (see our article here ), the means by which the FCC apparently discovered the violation is what perhaps makes this case most interesting.

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Recipe for a Failed CLM Implementation

Selecting and implementing CLM technology can be daunting, leading to underutilization or abandonment. Factors like provider differentiation, inadequate planning, and lack of user training contribute to these failures. Recognizing these pitfalls is crucial for successful adoption, ensuring organizations harness the full potential of CLM for streamlined contract management.

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Online Public Inspection File for Radio Still in the Future – Practical Impact Still a Few Months Away

Broadcast Law Blog

In the last day or two, some broadcast trade press reports may have given the impression that the FCC’s new online public file rules for radio may now be “effective,” suggesting that Top 50 market stations with 5 or more full-time employees need to start uploading their new political documents into the file (the first documents that will need to go into these files – see our article here about the filing requirements ).

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April Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports and Much More

Broadcast Law Blog

April brings the whole panoply of routine regulatory dates – from the need to prepare EEO Public File and Noncommercial Ownership Reports in some states, to Quarterly Issues Programs lists for all full-power broadcast stations and Quarterly Children’s Television Programming Reports for all TV stations. So let’s look at some of the specific dates that broadcasters need to remember this coming month.

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Another Loss for FilmOnX in its Quest to Be Recognized as a Cable System Entitled to Rely on Statutory License to Retransmit TV Signals

Broadcast Law Blog

FilmOnX, that Aereo copycat service that seeks to deliver the signals of over-the-air television stations to consumers’ computers for a fee, has lost another round in its attempt to be recognized as a cable system. Ever since the Aereo decision of the Supreme Court (which we summarized here ), finding that services like Aereo and FilmOn did involve a public performance of television programming for which they permission of program owners, FilmOn has been seeking to be declared a cable system.

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Broadcast Creditors Beware – $11,000 Fine Imposed for FCC Reporting Shortcomings in an AM Foreclosure Action

Broadcast Law Blog

The potential perils of foreclosing on a radio station were evident in a Consent Decree released by the FCC’s Media Bureau yesterday , agreeing to an $11,000 penalty to be paid to the FCC U.S. Treasury before a station could be sold by a receiver to help pay off the debts of an AM radio station owner. The fine was imposed both for an unauthorized transfer of control of the licensee of the station, and because of the failure of the receiver appointed by the Court to keep the FCC fully appraised o

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Contract Lifecycle Management: A Business Enabler Exploring On-Ground Challenges

CLM tools have always strived to push contract management into the digital age for almost 30 years. But the complexities of digitising a legal document are numerous. The current scenarios in business development have shown that having a fully automated CLM has become a mandate for every law firm and in-house legal department. To determine if you need a CLM system, it's essential to clearly identify the on-ground business challenges you aim to solve.

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More Incentive Auction News: Last LPTV Request for Stay Denied, Forward Auction Applicants Revealed, Comments Requested on Channel Sharing and Ownership Waivers

Broadcast Law Blog

Late Friday, the US Court of Appeals denied the last pending request for a stay of the incentive auction by LPTV applicants arguing that they should have been classified as Class A stations and included in the “reverse” auction where they can potentially be compensated by the FCC for the surrender of their spectrum. As we wrote Friday , the FCC was ordered to include one of the licensees in the auction on a provisional basis, but last night’s order extended no such relief to the last applicant

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Incentive Auction Moves Forward – Two Requests for Stay Denied and SecureID Tokens Distributed to Reverse Auction Participants

Broadcast Law Blog

The only significant legal issues that were potentially standing in the way of the broadcast incentive auction are slowly being removed. So far this week, the US Court of Appeals in Washington, DC has denied two requests for stays of the commencement of the reverse auction, scheduled to begin on March 29 with the submission of commitments to accept the FCC’s payout offers by stations interested in surrendering their channels to the FCC or moving from UHF to VHF channels.

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FCC Says No to Court’s Enforcement of Contractual Rights that Limit Broadcast Licensee’s Control Rights – What Does this Mean for Broadcast Contracts? 

Broadcast Law Blog

How far can a court go in ordering broadcasters to comply with the terms of a contract? By trying to get a court to enforce a contract signed with a broadcaster, is the suing party infringing on a licensee’s control over its broadcast station license? These questions are addressed in a letter that the FCC released this week , sent to a federal district court in connection with a dispute between two big TV companies over the termination of a Joint Sales Agreement between TV stations in Georgia.

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Comments on FCC Proposals for More AM Revitalization Efforts Due March 21 – What Questions are on the Table?

Broadcast Law Blog

The FCC’s proceeding on revitalizing AM radio is headed into its second phase, looking at further steps that it can take to assist the oldest broadcast service adapt and thrive in the new media world. In the Fall, the FCC adopted certain policy and rule changes to help AM stations, most notably allowing wider use of FM translators to rebroadcast AM stations through waivers allowing translators to change channels and be moved up to 250 miles to serve an AM station (see our articles here and here

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.